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ORDINANCE ON DYKES

ORDINANCE ON DYKES

(No. 26/2000/PL-UBTVQH10 of August 24, 2000)

Dykes are important works which have been built, conserved, repaired by our people through many generations in order to prevent flood water and sea water, safeguard the people�s lives, production and properties of the State, collectives and individuals.

In order to enhance the State management effect and to raise the responsibilities of the administration of all levels, State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people�s armed force units and all individuals in the construction, repair, protection, use and maintenance of dykes.

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Water Resources;

Pursuant to the Resolution of the Xth National Assembly, sixth session, on the 2000 law- and ordinance-making program;

This Ordinance provides for dykes.

Chapter I

GENERAL PROVISIONS

Article 1.-

1. This Ordinance provides for the construction, repair, protection, use and maintenance of dykes.

2. Dykes prescribed in this Ordinance include:

a/ Flood or sea water-preventing dykes;

b/ Dyke-protecting embankments;

c/ Dyke-crossing water supply and drainage sluices;

d/ Other support structures.

Article 2.-

1. The State exercises unified management over all kinds of dyke constructed with capital of any source.

2. The State gives priority to investment in the dyke construction and repair; adopts policies to encourage organizations and individuals in the country, overseas Vietnamese, foreign organizations and individuals to make investment in various forms, apply scientific and technological advances in the dyke construction, repair, protection, use and maintenance.

Article 3.- Depending on the socio-economic importance, the defense and security requirements of each region which is protected by dykes from flooding, dykes are classified into special grade, grade I, grade II, grade III and grade IV .

The Government shall define criteria for different dyke grades and approve the grade of each dyke section.

Article 4.- State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people�s armed force units and all individuals shall have to implement the provisions of this Ordinance and other relevant law provisions.

The Vietnam Fatherland Front Committee and the Front�s member organizations shall, within the scope of their tasks and powers, propagate, educate and mobilize the population to implement the dyke legislation.

Article 5.- All acts of sabotaging and damaging dykes are strictly forbidden.

Chapter II

DYKE CONSTRUCTION AND REPAIR

Article 6.- The new construction or repair of dykes must conform to the dyke planning already approved by the competent State bodies as well as law provisions on the processes, rules and technical standards for dyke construction and protection.

Article 7.-

1. The regular dyke construction and repair shall be given priority in using obligatory public labor according to law provisions.

2. Where the State recovers land or permits the exploitation of land for the purpose of dyke construction, repair and/or upgrading, persons whose land is recovered or exploited shall be entitled to compensation or support therefor according to law provisions.

Article 8.- The dyke construction and repair shall be supplied with investment priority by the State.

The Government shall stipulate the dyke construc-tion and repair expenditure for each grade of dyke

Chapter III

DYKE PROTECTION AND USE

Article 9.- The dyke protection limit shall cover dykes and adjacent areas that directly affect the safety of dykes.

The determination of adjacent areas must be based on the dyke grade, technical characteristics of dyke constructions as well as the requirements of dyke protection and salvage.

The Government shall stipulate adjacent areas of dykes.

Article 10.- Organizations and individuals shall be obliged to protect dykes.

Those who detect acts of damaging or threatening the safety of dykes or any dyke damage caused by natural calamities shall have to promptly stop such acts or damage and immediately notify the local administration or dyke reeves thereof.

Article 11.- The following acts are strictly forbidden:

1. Exploiting soil, rock, sand, gravel or other minerals; digging ponds, wells and dredging watercourses within the dyke protection limit;

2. Operating works within the dyke protection limit at variance with the prescribed technical process and rules;

3. Building works, houses within the dyke protection limit, at river sandbanks, river beds, except special-use works permitted for construction in service of flood and storm prevention and combat, communications, defense, security and other special works;

4. Discharging waste matters into the dyke protection limit, river sandbanks, river beds; storing materials on dykes, except materials reserved for flood and storm prevention and combat;

5. Setting off explosions detrimental to the safety of dykes, except explosions for the purpose of flood diversion or slowdown, which are decided by the competent State bodies.

6. Driving on dykes motor vehicles of a weight exceeding the permissible load of such dykes and dyke-crossing sluices; driving motor vehicles with four or more wheels on dykes which are being hit with incidents or put up with prohibition signs when the floods rise higher than alarm level 3, except dyke-inspecting vehicles, dyke-salvaging vehicles which are mobilized or permitted by the competent State bodies and vehicles with special security, defense, first aid or fire fighting requirements.

7. Hoeing weeds, heaping up rice straws, firewood or garbage on dykes.

8. Other acts that directly affect the safety of dykes and the quick flood drainage, except activities permitted by the competent State bodies prescribed in Article 12 of this Ordinance.

Article 12.- In special cases, organizations and individuals that wish to carry out one of the following activities must obtain permission from the competent State bodies:

1. Cutting dykes for construction of works within the dyke protection limit;

2. Conducting exploratory drills within the dyke protection limit.

3. Building special-use works in service of flood and storm prevention and fight, communications, defense, security and other special works within the dyke protection limit;

4. Using dykes, embankments and sluices for mooring of ships, boats, rafts, or for temporary storage of materials;

5. Activities that produce vibrations affecting the safety of dykes.

Article 13.-

1. The Ministry of Agriculture and Rural Development shall issue permits for activities specified in Clauses 1, 2, 3 and 5, Article 12 of this Ordinance with regard to dykes of from grade III to special grade.

2. The People�s Committees of the provinces or centrally-run cities shall issue permits for activities specified in Article 12 of this Ordinance with regard to dykes of grade IV and activities specified in Clause 4, Article 12 of this Ordinance with regard to dykes of from grade III to special grade.

Article 14.- The granting of permits to construct, renovate and/or upgrade works, dredge watercourses or exploit sand, gravel, which, though located outside the dyke protection limit, affect the safety of dykes and/or flood drainage, must be agreed upon in writing by the Ministry of Agriculture and Rural Development for dykes of from grade III to special grade, or by the People�s Committees of the provinces or centrally-run cities for dykes of grade IV.

Article 15.- The renovation of dykes for combined use as traffic roads must ensure the safety of such dykes.

Organizations and individuals that wish to renovate dykes for combined use as traffic road must obtain written consent from the Ministry of Agriculture and Rural Development for dykes of from grade III to special grade or from the People�s Committees of the provinces or centrally-run cities for dykes of grade IV.

Organizations and individuals that manage and exploit the surfaces of already renovated dykes for combined use as traffic road shall have to maintain and repair such dyke surfaces; such maintenance and repair must satisfy the technical standards for dykes and traffic.

Article 16.-

1. Dyke taluses and berms must be planted with grass or subject to other measures in order to combat erosion.

2. Land within adjacent areas of dykes must be planted only with wave-shielding trees, rice or short-term plants.

The exploitation of wave-shielding trees must comply with the guidance of the competent State management bodies in charge of dykes.

Article 17.- The protection and use of historical and cultural relics and/or sceneries in the dyke protection limit shall comply with law provisions on the protection and use of historical and cultural relics, sceneries and also the provisions of this Ordinance and other law provisions on dykes.

Article 18.-

1. Houses and works already built in the dyke protection limit and at river sandbanks, river beds before the effective date of this Ordinance, except special-use works in service of flood and storm prevention and fight, traffic, defense, security and other special works, shall be dealt with according to the following principles:

a/ Houses and works built on dyke surfaces, taluses and berms and within 5 meters from the existing dyke foot outwards for all dyke grades must be relocated;

b/ Houses and works located 5 meters away from the existing dyke foot but still within the dyke protection limit may be kept for continued use but expansion thereof shall be forbidden; their owners or users must take measures to ensure safety for dykes; for houses built after the date of promulgation of the 1989 Ordinance on Dykes without permission of the competent State bodies, they shall, depending on the seriousness of violation, be dealt with according to law provisions;

c/ Houses and works located in river sandbanks or beds, which do not directly affect the flood drainage, may be kept for continued use; if directly affecting the flood drainage, they must be relocated; if directly affecting the fast flood drainage, they must be relocated in advance. The relocation of houses and works shall comply with the plans of the competent State bodies.

2. Owners or users of houses and works which must be relocated shall be considered for damage compensation or financial support according to law provisions.

The Government shall stipulate the implemen-tation of this Article.

Article 19.- The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the concerned agencies in setting uniform dyke-related signboards of all kinds.

Article 20.-

1. The specialized dyke management forces that are on the State payroll and managed by the People�s Committees of the provinces and centrally-run cities shall take direct responsibility for managing dykes.

The organization, tasks, powers and uniform of the specialized dyke management force shall be stipulated by the Government.

2. The State encourages localities to organize the people�s dyke management force not on the State payroll in order to enhance the local management and protection of dykes.

The organization, tasks and bonus regime of this force shall be stipulated by the People�s Committees of the provinces and centrally-run cities.

Chapter IV

DYKE MAINTENANCE

Article 21.-

1. The dyke maintenance must be conducted regularly in the flood and storm season and salvage must be rendered in time when dykes are threatened or at risk of being threatened by floods or storms.

2. The salvage of works related to the safety of dykes shall be regarded as dyke salvage.

Article 22.-

1. The Government shall decide and direct the ministries, ministerial-level agencies, agencies attached to the Government and the People�s Committees of the provinces and centrally-run cities to maintain and salvage dykes so as to ensure their safety.

2. The Ministry of Agriculture and Rural Development shall have to assist the Government in directing the dyke maintenance and salvage work.

3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall have to formulate and implement plans on salvaging works related to the safety of dykes under their respective management and participate in the dyke salvage in the localities according to mobilization decisions of the Government.

4. The People�s Committees of all levels shall, within the scope of their respective tasks and powers, have to organize the dyke maintenance and salvage so as to ensure the safety of dykes according to their design standards.

The presidents of the People�s Committees of the provinces and centrally-run cities shall have to direct the formulation and approval of dyke maintenance and salvage plans in their localities; inspect, urge and direct various levels and branches to implement such plans.

The presidents of the People�s Committees of rural districts, urban districts, towns and provincial cities, the presidents of the People�s Committees of communes, wards and townships shall have to organize the implementation of the approved dyke maintenance and salvage plans.

The People�s Committees of all levels shall have the task of organizing the dyke salvage in other localities under the mobilization orders of the competent State bodies.

Article 23.-

1. The dyke maintenance and salvage direction and command by the Central Steering Committee for Flood and Storm Prevention and Fight and the Flood and Storm Prevention and Fight Commands of the ministries, ministerial-level agencies and agencies attached to the Government and various local levels shall comply with the Ordinance on Flood and Storm Prevention and Fight.

2. The army shall have the responsibility to maintain and salvage dykes and act as a core force in this work.

Article 24.-

1. In emergency circumstances when the dyke system is seriously threatened, the Prime Minister may decide on flood diversion and/or slowdown measures that concern two or more provinces or centrally-run cities according to the plan already approved by the Government; the presidents of the provinces and centrally-run cities may decide on flood diversion and/or slowdown measures related to the protection of the safety of flood control dykes in their respective localities according to the plans already approved by the Prime Minister.

2. The Government shall specify emergency circumstances where flood diversion and slowdown is needed; measures to safely evacuate people, secure production and people�s life, overcome flood consequences and provide assistance and support for people living in areas affected by the flood diversion and/or slowdown.

Article 25.-

1. In cases where dykes or works related to the safety of dykes are hit with incidents or threatened with imminent incidents, the presidents of the People�s Committees of all levels shall, within the scope of their jurisdiction, have to mobilize forces, supplies and means to protect, salvage them, decide on and organize the evacuation of people from the affected areas to ensure their safety.

2. Mobilized organizations and individuals must abide by decisions of the competent State bodies. Mobilized supplies and means must be returned after use, any damage caused thereto shall be compensated according to law provisions. Persons who are injured or die while participating in the dyke maintenance or salvage shall be considered for enjoying regimes and policies prescribed in Articles 28, 29, 30 and 31 of the Ordinance on Public Labor Obligation.

Chapter V

STATE MANAGEMENT OVER DYKES

Article 26.- The State management over dykes includes:

1. Formulating and directing the implementation of basic surveys, planning, plans and policies on the dyke construction, repair, management, protection, use, maintenance and salvage;

2. Promulgating and organizing the implementation of legal documents, processes, rules and standards for dyke construction, repair, protection, use, maintenance and salvage;

3. Deciding on handling measures in cases where dykes are hit with incidents or threatened with imminent incidents.

4. Issuing and withdrawing permits for activities to be carried out in the dyke protection limit, for which permission is required;

5. Organizing the collection and management of information and documents on the dyke system and works related to the safety of dykes;

6. Making investment in and organizing the research and application of scientific and technological advances to the dyke construction, repair, protection, use, maintenance and salvage; conducting professional and skill training and fostering for people involved in the dyke work.

7. Propagating and popularizing law, knowledge and experiences on dyke management and protection among the population;

8. Supervising and inspecting the observance of dyke legislation; settling dyke-related complaints and denunciations;

9. Directing the international cooperation in the field of dykes.

Article 27.-

1. The Government shall exercise the unified State management over dykes.

2. The Ministry of Agriculture and Rural Development shall take responsibility to the Government for exercising the State management over dykes.

3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall have to coordinate with the Ministry of Agriculture and Rural Development in exercising the State management over dykes according to the assignment by the Government.

4. The People�s Committees of all levels shall have to exercise State management over dykes in their respective localities according to the assignment by the Government.

The Government shall specify the assignment and delegation of responsibility for State management over dykes.

Article 28.- The People�s Councils and the People�s Committees of the provinces and centrally-run cities shall have to ensure the safety of dykes according to the design standards in their respective localities.

Article 29.- The presidents of the People�s Committees of rural districts, urban districts, towns and provincial cities, the presidents of the People�s Committees of communes, wards and townships shall have to organize the dyke repair, management, protection, maintenance and salvage; handle acts that violate dyke legislation according to their jurisdiction.

Article 30.- Dyke inspectorate is a specialized inspectorate and part of the specialized water resource inspection system and has the tasks of:

1. Inspecting the observance of dyke legislation;

2. Settling dyke-related complaints and denunciations.

The Government shall specify the organization and operation of specialized dyke inspectorate.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 31.- Organizations and individuals that record outstanding achievements in the dyke construction, repair, protection, maintenance and salvage shall be commended and rewarded according to law provisions.

Article 32.-

1. Those who commit acts of sabotaging dykes, illegally drilling, digging, cutting or using dykes or violating other provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing any damage they shall have to pay compensation therefor according to law provisions.

2. Those who abuse their positions and powers to violate or cover up other persons who have violated the legislation on dykes; lack responsibility in the implementation of the legislation on dykes shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing any damage, they shall have to pay compensation therefor according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 33.- This Ordinance takes effect from January 1st, 2001.

This Ordinance replaces the November 9, 1989 Ordinance on Dykes

The previous provisions which are contrary to this Ordinance are all now annulled.

Article 34.- The Government shall detail the implementation of this Ordinance.

On behalf of the Standing Committee of the National Assembly

Chairman
NONG DUC MANH